How Criminal Records Affect Employment Opportunities in Minnesota

A criminal record can create significant hurdles in many aspects of life, especially when it comes to finding a job. In Minnesota, employers often conduct background checks as part of the hiring process, which can bring past convictions or arrests to light. Understanding how a criminal record impacts employment opportunities—and what steps you can take to minimize its effects—is essential for moving forward.

How Employers Use Criminal Records in Hiring Decisions

Many employers in Minnesota run background checks to screen candidates. These checks may reveal a wide range of information, including arrests, charges, and convictions. While Minnesota law does not forbid employers from considering criminal records, there are specific regulations in place to prevent discrimination:

"Ban the Box" Law: Minnesota was one of the first states to adopt a "Ban the Box" law. This means employers cannot ask about your criminal history on initial job applications. However, they can inquire later in the hiring process, such as during an interview or after making a conditional job offer.
Relevance to the Job: Employers are encouraged to consider the relevance of the criminal offense to the job position. For example, a conviction for theft may raise concerns for a role involving financial responsibilities, but it may not be as relevant for a construction job.

Industries with Strict Regulations

Some industries are more restrictive when it comes to hiring individuals with criminal records. These include:

Healthcare: Positions involving patient care often require clean records, particularly when it comes to crimes involving violence or dishonesty.
Education: Schools and childcare facilities have stringent background check requirements to protect minors.
Finance: Roles involving money management, such as banking or accounting, are less likely to hire individuals with theft or fraud convictions.
Government Roles: Government positions and roles requiring security clearance typically involve extensive background checks, and a criminal record may disqualify candidates.

How a Criminal Record Can Impact Job Offers

Even with Minnesota’s “Ban the Box” protections, a criminal record can still lead to challenges:

Rescinded Offers: Employers may revoke a job offer after discovering a criminal history, particularly if they determine the offense conflicts with the responsibilities of the role.
Limited Advancement Opportunities: Even if hired, individuals with criminal records may face barriers to promotions or positions requiring additional vetting.

Steps to Mitigate the Impact of a Criminal Record

While a criminal record can be a roadblock, there are steps you can take to improve your employment prospects in Minnesota:

Seek Expungement: Minnesota offers opportunities for expungement, which seals your criminal record from most employers' background checks. Expungement is not automatic and requires a petition to the court. Certain offenses, such as misdemeanors and some felonies, may qualify.
Be Honest and Prepared: If asked about your criminal record, be truthful and explain the circumstances. Focus on how you've taken steps to rehabilitate and move forward, such as completing relevant programs or pursuing additional education.
Highlight Your Skills: Emphasize your qualifications, work experience, and character references. Demonstrating your value to a potential employer can help mitigate concerns about your record.
Consider Employers with Second-Chance Policies: Some companies actively hire individuals with criminal records as part of their commitment to second chances. Researching these employers can increase your chances of finding work.
Work with a Legal Professional: If you’re unsure how to navigate employment with a criminal record or want to explore expungement options, consulting an experienced attorney can provide clarity and direction.

Know Your Rights

Minnesota law provides certain protections for individuals with criminal records, including limitations on when employers can ask about your history. Additionally, federal laws like Title VII of the Civil Rights Act prohibit employers from using criminal records in a way that results in discrimination.

If you believe an employer has unfairly discriminated against you based on your criminal record, you may have legal recourse.

Moving Forward

While having a criminal record can complicate the job search, it does not mean the end of your career. With the right strategies and support, you can overcome these challenges and secure meaningful employment.

If a criminal record is impacting your ability to find a job in Minnesota, Tamburino Law Group is here to help. Our experienced attorneys can guide you through the expungement process, help you understand your rights, and provide the support you need to move forward. Contact us to schedule a consultation.